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  • Michael O. Mondy et al. v. Magnolia Advanced Materials, Inc.

    Publication Date: 2018-07-02
    Practice Area: Civil Procedure | Judges
    Industry: Manufacturing
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Oliver Mondy (Michael O. Mondy PC.), Atlanta, for appellant.
    for defendant: Erika Clarke Birg, Peter L. Munk (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellee.
    Case Number: S17G1478

    When a motion to recuse the trial judge is filed after the judge has orally held a party's attorney in contempt, the recusal motion must be decided before the judge may properly proceed to enter a written contempt order.

  • Gold et al. v. Dekalb County School District et al.

    Publication Date: 2018-06-29
    Practice Area: Civil Procedure | Government
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Roy Barnes, John Salter (The Barnes Law Group LLC), Marietta; Jason Carter, Naveen Ramachandrappa, Michael Terry (Bondurant Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Leslie Bryan, Allegra Lawrence, Lisa Haldar (Lawrence & Bundy LLC), Atlanta; Thomas Bundy (Lawrence & Bundy LLC), Fulton, for appellee. Donald English (Southern States PBA Inc.), Brookhaven; Juliel Oinonen, Atlanta; Julie Oinonen (Williams Oinonen LLC), Atlanta; Matthew Pence (Professional Association of Georgia Educators) Atlanta; Gwin Hall (The Georgia Municipal Association Inc), Atlanta, for amicus curiae.
    Case Number: A18A0526

    The trial court erred in granting school district's motion for summary judgment in school employees' suit for, inter alia, breaching an agreement to provide two years' advance notice prior to suspending contributions to their Georgia Tax Shelter Annuity Plan accounts.

  • Stopanio et al., v. Leon's Fence and Guardrail, LLC et al.

    Publication Date: 2018-06-28
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Sarah Kjellin (Watson Spence LLP), Albany; Colin Delaney, Edward Wasmuth, Leah Sears (Smith Gambrell & Russell LLP), Atlanta; Stuart Cohen (Conroy Simberg), Hollywood, for appellant.
    for defendant: Andrew Horowitz (Drew Eckl & Farnham LLP), Atlanta; Christopher Carr (Attorney General), Atlanta; Sharon Horne (Mozley, Finlayson & Loggins), Atlanta; Lori Nash (Georgia Law Department), Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta; Kathleen Turnipseed (GA Department of Law), Atlanta; William Horgan, Steven Puritz (Pennington P.A.) Tallahassee, for appellee.
    Case Number: A18A0587

    The Court vacated the trial court's order dismissing plaintiff's claims against the Georgia Department of Transportation arising out of an automobile collision that killed her parents and resulted in personal injuries to her and remanded the case for the trial court to reconsider whether the pending criminal investigation arising out of the accident tolled the 12-month deadline for plaintiff to provide ante litem notice to State.

  • Barbour v. Sangha et al.

    Publication Date: 2018-06-28
    Practice Area: Civil Procedure | Court Administration
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Wayne Kendall (Attorney at Law), East Point, for appellant.
    for defendant: Lori Cohen, Victoria Lockard (Greenberg Traurig LLP), Atlanta, for appellee.
    Case Number: A18A0294

    Trial Court Had Discretion to Accept Answer to Complaint After Erroneous Rejection of Defendant's E-Filed Documents

  • Auto-Owners Insurance Company v. Hale Haven Properties, LLC

    Publication Date: 2018-06-28
    Practice Area: Banking and Finance Laws | Civil Procedure | Contractual Disputes | Insurance Law
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Rachel Sullivan, Michael Kendall (Kendall Law Group, LLC), Douglasville, for appellant.
    for defendant: Laurie Dugoniths (The Johnson Insurance Law Group, LLC), Atlanta; David Flint (Schreeder, Wheeler & Flint, LLP), Atlanta; C. Johnson (Hall Booth Smith, PC), Atlanta, for appellee. Kenneth Jones (Hall, Booth, Smith & Slover), Atlanta; Russell Britt (Attorney at Law), Atlanta; William Holley, Zachary LeVasseur (Parker Hudson Rainer & Dobbs LLP), for other party.
    Case Number: A18A0132

    Factual Issues Presented as to Whether Scrivener's Error and Parties' Oversight Warranted Reformation of Insurance Agreement

  • Law Journal Press | Digital Book

    Merit Systems Protection Board: Rights and Remedies

    Authors: Robert G. Vaughn

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  • Skyjack, Inc. et al. v. Mois et al.

    Publication Date: 2018-06-27
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: James Singer (Bovis, Kyle & Burch), Atlanta; H. Young, Willie Ellis, Warner Fox (Hawkins Parnell Thackston & Young LLP), Atlanta; Katherine Mercer-Lawson, Theresa Wardon (Wheeler Trigg O'Donnell LLP), Denver; Andrew Capobianco (Mozley Finlayson & Loggins LLP), Atlanta, for appellant.
    for defendant: Darren Penn (Penn Law LLC), Atlanta; Jennifer Smith (Ken David & Associates LLC), Atlanta, for appellee. Matthew McLaughlin (McLaughlin & Loring), Alpharetta, for other party.
    Case Number: A18A0455

    Substituting Administrator of Decedent's Estate For Named Plaintiff in Wrongful Death Action Not Statutorily Authorized

  • Woods et al. v. A.R.E. Accessories, LLC

    Publication Date: 2018-06-21
    Practice Area: Civil Procedure | Products Liability
    Industry: Automotive | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: John Peavy (Peavy Law LLC), Atlanta, for appellant.
    for defendant: Alan Ness, Duluth, for appellee.
    Case Number: A18A0292

    The trial court properly granted summary judgment to manufacturer in plaintiffs' product liability action because there was an absence of evidence in the record that the product was defectively designed; rather, the evidence showed that the sole cause of plaintiffs' injuries was the unforeseeable misuse of the product.

  • Cruz Pico et al. v. Brady

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Julye Johns, Emaly Arndt (Huff Powell & Bailey LLC), Atlanta, for appellant.
    for defendant: Christopher McClurg (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A18A0189

    The trial court properly denied defendants' motion to dismiss plaintiff's medical malpractice action because plaintiff did not "retain" counsel more than 90 days prior to the expiration of the period of limitation and she was thus entitled to invoke the 45-day extension of time to file an expert affidavit.

  • Rollins et al. v. LOR, Inc., et al.

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: H. Mixson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta; Thomas Rafferty, Antony Ryan, Samira Shah (Cravath, Swaine & Moore LLP), New York, for appellant.
    for defendant: Alan Bakowski, James Lamberth, William Withrow (Troutman Sanders LLP), Atlanta, for appellee.
    Case Number: A18A0638

    Family Business Trustees' Claims Against Business Managers Were All Either Time-Barred or Derivative in Nature

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.
    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.